1st Sep 2021, 11:29 AM – Senate Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021 - in Committee - Positive duty amendment

The same number of senators voted for and against amendments introduced by NSW Senator Jenny McAllister (Labor), which means they failed. The amendments were a joint Labor and Greens initiative that would have inserted a positive duty

What is the purpose of the amendments?

Senator McAllister explained that:

... right now the tool we rely on to get workplaces to become safer is an individual making a complaint. When surveyed, Australian women overwhelmingly say, yes, they have been sexually harassed at work, often in the last 12 months. The numbers are extraordinary. Most of them don't make a complaint ... Women correctly apprehend that their careers, their livelihoods and their reputations are at stake when they are the complainant, and most women choose to remain silent. And the conclusion we should draw from all of those data points is that this is not an effective mechanism to make our workplaces safer ... It's on that basis that Labor has concluded that we do wish to move here amendments to insert a positive duty obligation onto employers, consistent with the recommendation made by Commissioner Jenkins.

... We are aware that we need to make sure that a positive duty does not create an unreasonable burden on employers, so the way our amendment is drafted will ensure that, consistent with recommendation 17, the measures required to fill a positive duty must be reasonable and proportionate, taking into account factors that include the size of the person's business or operations, the nature and circumstances of the business and operations, the person's resources, the person's business and operational priorities, the practicability and cost of the measures, and all other relevant facts and circumstances.

Amendment text

Available on sheet 1369.